| Sector : | All Sectors |
| Sub-Sector : | |
| Industrial Classification : | |
| Type of Reservation : | National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103) |
| Description : | Investment
The United States reserves the right to adopt or maintain any measure relating to residency requirements for the ownership by investors of Canada, or their investments, of oceanfront land. |
| Existing Measures : |
| Sector : | Communications |
| Sub-Sector : | Cable Television |
| Industry Classification : | CPC 753 - Radio and Television Cable Services |
| Type of Reservation : | National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103) |
| Description : | Investment
Subject to Article 2106, the United States reserves the right to adopt or maintain any measure that accords equivalent treatment to persons of any country that limits ownership by persons of the United States in an enterprise engaged in the operation of a cable television system in that country. |
| Existing Measures : |
| Sector : | Communications |
| Sub-Sector : | Telecommunications Transport Networks and Services and Radiocommunications |
| Industry Classification : | CPC 752 - Telecommunications Services (not including enhanced or value-added services)
CPC 7543 - Connection Services CPC 7549 - Other Telecommunications Services Not Elsewhere Classified (limited to telecommunications transport networks and services) |
| Type of Reservation : | National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203) Local Presence (Article 1205) Senior Management and Boards of Directors (Article 1107) |
| Type of Reservation : | Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any measure relating to investment in, or the provision of, telecommunications transport networks, telecommunications transport services or radiocommunications. These measures may apply to such matters as market entry, spectrum assignment, tariffs, intercarrier agreements, terms and conditions of service, and interconnection between networks and services. Telecommunications transport services typically involve the real-time transmission of customer-supplied information between two or more points without end-to-end change in the form or content of the customer's information, whether or not such services are offered to the public generally. These services include voice and data services provided by any electromagnetic means. Radiocommunications include all communications by radio, including broadcasting. Thisreservation does not apply to measures relating to enhanced or value-added services or to the production, sale or licensing of radio or television programming. |
| Existing Measures : | Communications Act of 1934, 47 U.S.C. §§ 151 et seq., see particularly §§ 310(a), (b) (radio licenses for common carrier, aeronautical en route, aeronautical fixed, and broadcasting services)
F.C.C. Decision, International Competitive Carrier, 102 F.C.C. 2d 812 (1985), as modified in Regulation of International Common Carrier Services, CC Docket No. 91-360, FCC 92-463 (released November 6, 1992) Submarine Cable Landing Act, 47 U.S.C. § 34-9, see particularly § 35 (undersea cables) Communications Satellite Act of 1962, 47 U.S.C. §§ 701-57 Telegraph Act, 47 U.S.C. § 17 (telegraph cables serving Alaska) Children's Television Act of 1990, 47 U.S.C. § 303a Television Program Improvement Act of 1990, 47 U.S.C. § 303c |
| Sector : | Social Services |
| Sub-Sector : | |
| Industrial Classification : | |
| Type of Reservation : | National Treatment (Articles 1102, 1202)
Local Presence (Article 1205) Senior Management and Boards of Directors (Article 1107) |
| Description : | Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any measure with respect to the provision of public law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose : income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care. |
| Existing Measures : |
| Sector : | Minority Affairs |
| Sub-Sector : | |
| Industrial Classification : | |
| Type of Reservation : | National Treatment (Articles 1102, 1202)
Local Presence (Article 1205) Performance Requirements (Article 1106) Senior Management and Boards of Directors (Article 1107) |
| Description : | Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities, including corporations organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act. |
| Existing Measures : | Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 et seq. |
| Sector : | Professional Services |
| Sub-Sector : | Legal Services |
| Industry Classification : | SIC 8111 - Legal Services |
| Type of Reservation : | National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203) Local Presence (Article 1205) Senior Management and Boards of Directors (Article 1107) |
| Description : | Cross-Border Services and Investment
Subject to Schedule of the United States, Annex VI, page VI-U-2, the United States reserves the right to adopt or maintain any measure relating to the provision of legal services, including foreign legal consultancy services, by persons of Mexico. |
| Existing Measures : |
| Sector : | Publishing |
| Sub-Sector : | Newspaper Publishing |
| Industry Classification : | SIC 2711- Newspapers : Publishing, or Publishing and Printing |
| Type of Reservation : | National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103) |
| Description : | Investment
Subject to Article 2106, the United States reserves the right to adopt or maintain any measure that accords equivalent treatment to persons of any country that limits ownership by persons of the United States in an enterprise engaged in the publication of daily newspapers primarily written for audiences and distributed in that country. For purposes of this reservation, daily newspapers are newspapers published at least five days each week. |
| Existing Measures : |
| Sector : | Transportation |
| Sub-Sector : | Water Transportation |
| Industry Classification : | SIC 091 - Commercial Fishing (limited to fishing vessels and fishing operations within the Exclusive Economic Zone)
SIC 1629 - Heavy Construction, Not Elsewhere Classified (limited to marine dredging) SIC 4412 - Deep Sea Foreign Transportation of Freight (limited to promotional programs for U.S.-flagged vessels) SIC 4424 - Deep Sea Domestic Transportation of Freight (includes coastwise transportation of freight, deep sea domestic freight transportation, intercoastal transportation of freight, water transportation of freight to noncontiguous territories) SIC 4432 - Freight Transportation on the Great Lakes and St. Lawrence Seaway SIC 4449 - Water Transportation of Freight, Not Elsewhere Classified (includes canal barge operations, canal freight transportation, intracoastal freight transportation, lake freight transportation except on the Great Lakes, log rafting and towing, river freight transportation except on the St. Lawrence Seaway, transportation of freight on bays and sounds of the oceans) SIC 4481 - Deep Sea Transportation of Passengers, Except by Ferry (limited to promotional programs for U.S.-flagged vessels) SIC 4482 - Ferries SIC 4489 - Water Transportation of Passengers, Not Elsewhere Classified (includes airboats, swamp buggy rides, excursion boat operations, passenger water transportation on rivers and canals, sightseeing boats, water taxis) SIC 4491 - Marine Cargo Handling (limited to crew activitiesaboard vessels transporting supplies and cargo within U.S. territorial waters and longshore work performed by crew affected by reciprocity restrictions) SIC 4492 - Towing and Tugboat Services SIC 4499 - Water Transportation Services, Not Elsewhere Classified (limited to cargo salvaging, chartering of commercial boats, lighterage, bunkering, marine salvage, pilotage, steamship leasing, cable laying) |
| Type of Reservation : | National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203) Local Presence (Article 1205) Performance Requirements (Article 1106) Senior Management and Boards of Directors (Article 1107) |
| Description : | Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any measure relating to the provision of maritime transportation services and the operation of U.S.-flagged vessels, including the following :
The following activities are not included in this reservation :
|
| Existing Measures : | Merchant Marine Act of 1920, §§ 19 and 27, 46 App. U.S.C. § 876 and § 883 et seq.
Jones Act Waiver Statute, 64 Stat 1120, 46 App. U.S.C., note preceding Section 1 Shipping Act of 1916, 46 App. U.S.C. §§ 802 and 808 Merchant Marine Act of 1936, 46 App. U.S.C. §§ 1151 et seq., 1160-61, 1171 et seq., 1241(b), 1241-1, 1244, and 1271 et seq. Merchant Ship Sales Act of 1946, 50 App. U.S.C. § 1738 46 App. U.S.C. §§ 121, 292 and 316 46 U.S.C. §§ 12101 et seq. and 31301 et seq. 46 U.S.C. §§ 8904 and 31328(2) Passenger Vessel Act, 46 App. U.S.C. § 289 42 U.S.C. § 9601 et seq. ; 33 U.S.C. § 2701 et seq. ; 33 U.S.C. § 1251 et seq. 46 U.S.C. §§ 3301 et seq., 3701 et seq., 8103 and 12107(b) Shipping Act of 1984, 46 App. U.S.C. §§ 1708 and 1712 Nicholson Act, 46 App. U.S.C. §§ 251 Commercial Fishing Industry Vessel AntiReflagging Act of 1987, 46 U.S.C. § 2101 and 46 U.S.C. § 12108 43 U.S.C. § 1841 22 U.S.C. § 1980 Intercoastal Shipping Act, 46 App. U.S.C. § 843 46 U.S.C. § 9302, 46 U.S.C. § 8502 ; Agreement Governing the Operation of Pilotage on the Great Lakes, Exchange of Notes at Ottawa, August 23, 1978, and March 29, 1979, TIAS 9445 Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801 et seq. 19 U.S.C. § 1466 North Pacific Anadramous Stocks Convention Act of 1972, P.L. 102-587 ; Oceans Act of 1992, Title VII Tuna Convention Act, 16 U.S.C. § 951 et seq. South Pacific Tuna Act of 1988, 16 U.S.C. § 973 et seq. Northern Pacific Halibut Act of 1982, 16 U.S.C. § 773 et seq. Atlantic Tunas Convention Act, 16 U.S.C. § 971 et seq. Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C. § 2431 et seq. Pacific Salmon Treaty Act of 1985, 16 U.S.C. § 3631 et seq. |
last updated on october 5, 03 by TMTM